BIA RECOGNITION AND ACCREDITATION. A Step-by-Step Guide for Non- Profit Community-Based Agencies

Transcription

1 BIA RECOGNITION AND ACCREDITATION A Step-by-Step Guide for Non- Profit Community-Based Agencies

2 Guide prepared and updated by Amy Bliss Tenney, Immigration Legal Services Staff Attorney, World Relief, ; Edited by Jack Holmgren, Field Support Coordinator, Catholic Legal Immigration Network, Inc., ; Sample documents prepared by Jack Holmgren. They are not samples from actual applications, and there is no guarantee that such applications would be approved. Thanks to Jennie Guilfoyle, Training and Legal Support Attorney, Catholic Legal Immigration Network, Inc., for use of information from her article, BIA Issues Two Decisions on Recognition and Accreditation. Guide and samples last updated February 19, Copyright World Relief and Catholic Legal Immigration Network, Inc., Materials may be distributed and/or copied with attribution. World Relief 7 East Baltimore Street Baltimore, MD Tel Fax Catholic Legal Immigration Network, Inc. 415 Michigan Ave., NE, 2 nd Floor Washington, DC tel fax

3 Table of Contents Section I. What is the Board of Immigration Appeals (BIA), and Why Apply for Office Recognition and Agency Staff/Volunteer Accreditation?...2 Section II. Starting Out: What is the Process for Applying for BIA Agency Site Recognition and Agency Staff/Volunteer Accreditation?...4 Section III. What is the Process for Applying for Agency Staff/Volunteer Accreditation if the Agency Site is Recognized?...9 Section IV. What is the Process for Submitting the Application?...10 Section V. Applying for Renewal of Agency Staff/Volunteer Accreditation...12 Section VI. Sample Requests to the BIA for Agency Site Recognition and Agency Staff Accreditation...14 Sample A: Recognition and Accreditation Request Letter for Agency Providing Assistance to Immigrants Generally...15 Sample B: Recognition and Accreditation Request Letter for Agency Providing Assistance to Survivors of Domestic Violence...18 Samples of Supporting Documentation...21 EOIR-31 Certificates of Service Fee Schedule List of Law Library Contents Organizational Chart Resume Letter of Recommendation for Office Recognition Only (not from attorney) Letter of Recommendation for Office Recognition and Staff Accreditation (from attorney) Letter of Agreement to Provide Technical Support 1

4 Section I. What is the Board of Immigration Appeals (BIA), and Why Apply for Agency Site Recognition and Agency Staff/Volunteer Accreditation? Board of Immigration Appeals Recognition and Accreditation The Board of Immigration Appeals (BIA), located in Falls Church, VA, is part of the U.S. Department of Justice. The BIA, among other duties, handles applications for agency site recognition and agency staff/volunteer accreditation of non-lawyers to practice immigration law. Unless an office has an attorney on staff, each office location must be recognized by the BIA as an organization, and have at least one accredited representative on staff, in order to be legally providing immigration legal services. The attorney(s) or BIA representative(s) should be the individual(s) who are giving any immigration advice, filling out immigration forms, practicing immigration law and supervising any non-bia representatives who are also assisting the office s immigration department. Office recognition (barring unusual circumstances) does not expire. Personal accreditation does expire after three years and needs to be renewed. An accredited representative is only authorized to assist clients at the recognized sites of the organization at which s/he is accredited. An accredited representative may be full-time, part-time, or a volunteer. He or she may even become accredited at more than one agency. He or she should apply to be accredited at all of the agency s sites at which s/he is working or volunteering. There are two types of accreditation: Partial accreditation allows the representative to counsel immigration clients, complete immigration forms, and represent clients before U.S. Citizenship and Immigration Services (USCIS). The partially accredited representative can fill out USCIS forms and represent clients at USCIS interviews. Full accreditation allows the representative to do everything that a partially accredited representative can do, and represent clients before the Executive Office for Immigration Review (EOIR). EOIR contains the Immigration Courts and the Board of Immigration Appeals. A fully accredited representative can also represent clients in removal, summary removal, rescission and other proceedings in immigration court. He or she may handle appeals to the BIA. However full accreditation does not permit a representative to represent anyone before state courts, the federal Courts of Appeals, or the U.S. Supreme Court. For more information on BIA recognition and accreditation, including a current roster of BIA-recognized offices and accredited representatives, see 2

5 This step-by-step guide is organized in separate sections, depending on whether you are applying for your office s recognition and staff accreditation (Section II), or only staff accreditation (Section III) or renewal (Section IV). This guide is current as of the publication date. It does not constitute legal advice. The laws, interpretations of the laws, forms, and policies associated with BIA recognition and accreditation change occasionally, so please confirm that the information in this guide is still current before relying on it. Please check EOIR s website for form versions, instructions, recent caselaw regarding BIA recognition and accreditation, and other important information. The website is We also encourage you to read the article on CLINIC s website entitled, BIA Issues Two Decisions on Recognition and Accreditation, by Jennie Guilfoyle, available online at The article addresses two precedent decisions by the BIA on recognition and accreditation: Matter of EAC, Inc., 24 I&N Dec. 556 (BIA 2008), Interim Decision 3614, and Matter of EAC, Inc., 24 I&N Dec. 563 (BIA 2008), Interim Decision We also recommend you review these decisions, available at EOIR s virtual law library at 3

6 Section II. What Is the Process for Applying for BIA Agency Site Recognition While Applying for Agency Staff/Volunteer Accreditation? Note: If your office is already recognized and you are just applying for new or renewing staff, skip to Section III. BIA Application Requirements To be recognized by the BIA, an organization must have established that it has adequate knowledge, information and experience to provide immigration legal services, and that it charges or accepts only nominal fees for those services. The focus in this section is to prove that your office has experience in immigration law as well as resources and access to resources, including both law libraries and electronic information, and access to other immigration experts. The application must include all of the following required elements. The EOIR-31 form and accompanying materials. Complete and print out this form from the EOIR website, at: Note that EOIR occasionally revises the form. It now includes a checklist of information that must be submitted with the application. Check the EOIR website to make sure that you have the most current version of the form. Make sure to carefully read the instructions of the form. We have organized the information for the EOIR-31 below based on the questions listed on page 1 of the actual form (April 2009 version). The form should be filled in online and printed out. Filling Out the EOIR-31 QUESTION 1: The Applicant Indicate the individual office you are applying for, such as Battered Women s Legal Advocacy Project Minneapolis, MN. QUESTION 2: Applicant s Contact Information Include the requested contact information. QUESTION 3: Type of Office 4

7 Indicate your type of office (non-profit religious, charitable, social service or other). Internal Revenue Service (IRS) 501(c) (3) Letter Include a copy of the IRS letter showing your organization s 501(c)(3) designation. QUESTION 4: Information About the Organization Charter, Constitution, Articles of Incorporation and/or By-laws Include a copy of the Charter, Constitution, Articles of Incorporation and/or By-laws for your organization, if applicable. QUESTION 5: Charges or Membership Dues In the blank you may answer something like nominal fees. Membership dues are not encouraged. Fee Schedule Include a copy of the fees your office intends to charge. Note that according to EAC decision 3614, organizations apparently may offer a limited range of immigration legal services, but must be able to discern when a case requires referral to other representation when requiring more expertise than the organization can provide. For guidance on how to set fees, see chapter 6 of Managing an Immigration Program: Steps for Creating and Increasing Legal Capacity, available online at List of Office s Funding Sources This is a minimal document listing the amounts and sources of funding for your agency and a basic budget. Most agencies will list the grants they receive and any fees they take in. You need to demonstrate that your office has funding sources other than fees. The BIA requires that organizations only charge nominal fees. While this has not been defined, it is clear that they wish to see significant other funding. You may include in kind funding in your list, such as the value of volunteer hours, donated supplies, or donated space. Be sure to take into account the often substantial support your program receives if it has a parent agency. Often overlooked are the contributions of free or below market rate rent, office equipment use, office supplies, computers, software, information management systems support, administrative costs, employee benefits, and the like. Be sure you give a thorough accounting of all the resources that support your program. QUESTION 6: Knowledge, Information and Experience Cover Letter and Table of Contents 5

8 Include a cover letter describing the attached application, with a table of contents. (The table of contents may be included in the letter itself, or on a separate page.) The cover letter should be from the supervisor of the applicant(s) applying for individual accreditation. For example, if the director is not applying for accreditation, the director should sign the cover letter. However, if the director is applying, his or her supervisor should sign. If a director is applying, the chair of the board of directors should sign. The cover letter should explain that the application is for the office and should list any staff or volunteer who is applying for accreditation, so it is a basic outline of the whole application. The supervisor of each staff member will also write a separate letter of recommendation (discussed below). List of Immigration Legal Resources Available to the Office Include a list of legal and/or internet resources available to your organization. Because we use the internet so frequently now in our work, it is imperative that you mention the types of information you find online (especially if your own law library is small). In Matter of EAC, the BIA explains that organizations must at a minimum have access to up-to-date copies of the Immigration and Nationality Act, federal immigration regulations, and BIA precedent decisions. EAC suggests that internet access alone should be sufficient for an approval of BIA recognition. Nevertheless, we strongly recommend that each office have hard copies of at least one general treatise on immigration law, such as Kurzban s Immigration Law Sourcebook, as well as materials on the organization s specific practice areas, and annually updated copies of the INA and chapter 8 of the Code of Federal Regulations. List of Law Libraries Available to the Office Although not required, we recommend you list any local law libraries to which your office has access, including but not limited to, law schools, city/county/state law libraries, or law libraries of law firms or other non-profit agencies. QUESTION 7: Other Information Resume of Individual Applying for Accreditation Resumes should include the individual s education and work experience, including immigration experience. They should also list the types of immigration forms the individual has worked on, by form number and title (for example: I-360, Petition for Amerasian, Widow(er), or Special Immigrant). Include in the trainings section information on the dates, sponsoring agencies, and locations of all immigration law and practice trainings the individual has attended. Also indicate if the individual regularly attends government immigration liaison meetings. The resume should also list any languages the individual speaks, as well as mentioning the individual s experience working with people from different countries. It is a good idea to include any community service the applicant has performed. 6

9 Certificates and Agendas of Trainings Individual Has Attended It is ideal to include both the agendas and certificates (if received) for all trainings. However, both may not be available. If neither is available, include a short description of the training in the resume and how many hours or days the training was. Organizational Chart for the Office This chart may list the staff and volunteers in the office and the office s connection to the other offices if your agency has more than one office. Of greatest importance is to show the chain of supervision of the person(s) who will be providing legal immigration services. Caseload of Staff Include in your cover letter an explanation of the types of cases that staff do or will take on. Technical Assistance from BIA Fully Accredited Representatives or Attorneys Document technical support of staff by attorneys or other fully accredited staff from recognized organizations. Include proof of the experience of the attorneys or fully accredited staff. Page two of the actual form EOIR-31 asks for [w]ritten confirmation of any agreement(s) made to consult with other nonprofit organization(s) or private attorney(s) on a pro bono basis in more complicated cases or other acceptable arrangements to demonstrate adequate knowledge and experience in immigration law and procedure. Letters of Recommendation Note that if you are applying for office recognition and individual accreditation, you need letters of recommendation for the office s recognition and the individual s accreditation. These letters can speak to both recognition and accreditation, or one or the other. For example, some recommenders will be familiar with the office but not the individual, and some may by familiar with the individual but less familiar with the office overall. It is recommended that you obtain letters of recommendation from the supervisor of the individual applying for accreditation and a local immigration law practitioner who is familiar with the applicant s immigration legal skills and knowledge, i.e., a BIA fully accredited representative or an attorney. If applying for recognition at the same time, obtain a letter or two from outside sources recommending recognition and/or accreditation. Letters most often come from other local non-profit immigration legal services programs or private attorneys. Letters should indicate how the person writing the recommendation knows immigration law and for how long, how they know the office and/or accreditation applicant, for how long, and why recognition or accreditation is recommended. The letters should indicate that the office and/or accreditation applicant has sufficient 7

10 knowledge, information and experience in immigration law. If the letter is for an individual, the letter should indicate that the applicant is a person of good moral character. The letter should also indicate that the recommender will answer any immigration legal questions that the applicant has. Evidence of Advocacy and Research Skills (For Full Accreditation Only) In addition to indicating what trainings the staff or volunteer has attended, include samples of advocacy and research skills, such as copies of cover letters, affidavits, briefs, legal memos, or similar work the individual has prepared, with all identifying client information redacted. Or you may include summaries of individual cases on which you have worked that required advocacy and research skills. Copies of Other BIA Decisions If your office has applied for recognition before, and/or if any staff or volunteers have applied for accreditation (at your agency or in other places), include copies of the decisions on those applications. Make sure you have fixed any potential problems or weaknesses in your application(s) before applying again. QUESTION 8: Accreditation Requests Specify whether an accreditation request is being made for one or more individuals. If so, indicate the applicant s name and whether s/he is seeking full or partial accreditation. If more than one person is applying for accreditation, include a separate sheet listing the information requested in question 8 for each applicant. SIGNATURE: The same individual who wrote the cover letter should sign the EOIR-31 application at the bottom of the page, and type his or her name and title. PROOF OF SERVICE: On page two of the actual form, fill in the appropriate addresses for USCIS and ICE, as described in Section IV below, What Is the Process for Submitting the Application? The individual who is actually mailing the application needs to sign and date, indicating when s/he mailed the application. 8

11 Section III. What is the Process for Applying for Accreditation if the Office is Already Recognized? Applying for Accreditation Once the office is recognized, it remains recognized indefinitely, unless the BIA withdraws recognition due to severe problems with the office or if the office notifies the BIA that it is no longer wanting to be recognized. Office recognition does not need to be renewed. An office can apply to add more individually accredited representatives at any time. The process is much simpler than applying for office recognition with accreditation. Application Contents Information for Individual (As Explained in Section II) An applicant applying for accreditation in an agency that is already recognized must include: a cover letter; a table of contents; a resume; certificates and agendas of trainings attended; letters of recommendation; evidence of advocacy and research skills (for full accreditation only); and copies of prior denials by the BIA, if any, as explained in Section II. Certificates of Service If you are applying for individual accreditation alone, you must prepare a certificate of service to ICE and USCIS. (This is incorporated in the EOIR-31 application for new office recognition.) Follow the directions in Section IV on where to send the application copies and how to complete the certificate of service. 9

12 Section IV. What is the Process for Submitting the Application? Submitting the Application The mailing process for a combined recognition and accreditation application or solely for accreditation is the same. Your complete application includes proof of service on USCIS and ICE. A proof of service is a simple legal document that lets the BIA know that you sent complete copies of everything that the BIA received to the appropriate USCIS and ICE officials. For office recognitions, this proof of service is part of form EOIR-31. For staff applications/renewals, this will be the separate proof of service form you create. Make FOUR copies of the original application (including proof of service), so that you have a total of FIVE. 1. Mail the original by certified mail, return receipt requested to: Regular first class mail: Recognition and Accreditation Program Coordinator Executive Office for Immigration Review Board of Immigration Appeals Clerk s Office P.O. Box 8530 Falls Church, VA Courier or overnight delivery service: Recognition and Accreditation Program Coordinator Executive Office for Immigration Review Board of Immigration Appeals Clerk s Office 5107 Leesburg Pike, Suite 2000 Falls Church, VA Mail a copy of the application by certified mail, return receipt requested, to your local Chief Counsel for Immigration and Customs Enforcement (ICE). To find a listing of the Chief Counsels, go to If you are not sure which office covers your area, contact the nearest office on the list. 3. Mail a copy of the application by certified mail, return receipt requested, to the local district director for USCIS for your area. In general, to find where to send the USCIS copy, go to 10

13 =LO. If you are unsure where to send the USCIS copy, you can contact USCIS or the Recognition and Accreditation Coordinator of the BIA at (703) Keep a copy for your office. 5. Send a copy to your national or state network coordinator (if applicable). 11

14 Section V. Applying for Renewal of Agency Staff/Volunteer Accreditation Renewing Accreditation An individual who is accredited must have his or her agency file an application to renew accreditation on the individual s behalf every three years. If an application for renewal is filed at least 60 days before the end of the third year, accreditation will remain valid pending the BIA s consideration of the application. This requires the agency to mail it in some way that it can document that the BIA received it before the 60 day period. Most programs send it certified mail, return receipt requested. If the individual does not apply on time, his or her accreditation ends and s/he is no longer authorized to practice immigration law. Therefore it is vital that representatives renew on time. If not, the individual will not be eligible to engage in the authorized practice of law until his or her accreditation application is granted. It is critically important that program managers make clear to staff and volunteers that, without current accreditation, they are not allowed to practice law and must not file the G-28 form. If there is no representative who is currently accredited on staff, that office is not authorized to practice immigration law because at least one accredited representative is required (even though the office remains recognized). If an individual does not apply on time, s/he must file a new application as soon as possible. The Renewal Application The renewal application should state the last time that the individual was accredited (the first time, or the last renewal). It is important to indicate if the individual has received additional experience (e.g., more types of cases or more complex cases) and training. While there is no set requirement that additional training was received since the last accreditation period, the individual should show some ongoing training. The industry standard is 40 hours of immigration law training/year. This training can be in-person, via audio tape, or by live and accessing archived materials on internet immigration law websites. Application Contents Information for Individual (As Explained in Section II) An applicant applying for renewal of accreditation in an agency that has already been recognized must include: a cover letter; 12

15 a table of contents; an updated resume; certificates and agendas of trainings attended since last application period; and evidence of updated advocacy and research skills (for full accreditation only), as explained in Section II. It would also be helpful to include an organizational chart, information about the applicant s caseload, and any information regarding supervision by other BIA accredited staff or attorneys. Letters of recommendation are encouraged but not required. If an office has already been recognized, do NOT use form EOIR-31 to apply for renewal of accreditation for individual staff. Instead, the cover letter from the director (or alternate) should indicate the date in which the office became recognized, the date the individual was last accredited, and whether the individual is applying for partial or full accreditation. (Especially note if the individual was previously partially accredited and now is applying for full accreditation. In that case, the individual will need to show proof of training and experience in the skills needed for full accreditation.) Certificates of Service If you are applying for renewal of individual accreditation, you must prepare a certificate of service to ICE and USCIS. (This is incorporated in the EOIR-31 application for new office recognition.) Follow the directions in Section IV on where to send the application copies and how to complete the certificate of service. 13

16 Section VI. Sample Requests to the BIA for Agency Site Recognition and Agency Staff Accreditation 14

17 SAMPLE A: Recognition and Accreditation Request Letter for Agency Providing Assistance to Immigrants Generally [Letterhead] February 5, 2010 Recognition and Accreditation Program Coordinator Executive Office for Immigration Review Board of Immigration Appeals Clerk s Office P.O. Box 8530 Falls Church, VA RE: REQUEST FOR RECOGNITION OF THE IMMIGRATION ASSISTANCE CENTER (IAC) OFFICE LOCATED AT 555 MAIN STREET, ANYTOWN, IOWA REQUEST FOR PARTIAL ACCREDITATION OF IAC EMPLOYEE FULANA MARIA DE TAL (DE TAL) Dear Recognition and Accreditation Program Coordinator: I ask the Board of Immigration Appeals (BIA) to please grant recognition to the office mentioned above under 8 Code of Federal Regulations (CFR), Section (a). Please also grant Fulana Maria De Tal (De Tal) agency staff accreditation pursuant to 8 CFR, Section (d). IAC provides a number of charitable social services in the city of Anytown. With this application IAC seeks to begin providing immigration legal services as the need is so much greater than the existing resource. Our agency has sufficient knowledge and experience with immigration and naturalization law to merit your grant of recognition. De Tal has sufficient knowledge and experience with immigration and naturalization law, is of the highest moral character and merits partial accreditation. Fees Our agency is recognized by the Internal Revenue Service as a nonprofit charitable organization. We charge clients nominal fees for immigration legal services. We do not have membership dues. Type of Immigration Services Offered 15

18 The IAC has at its disposal adequate knowledge, information, and experience in immigration law and procedure, as required by 8 CFR (b). This agency has fulfilled that requirement through its staff member s attendance at three trainings dealing with the immigration law including the range of immigration benefits available and the bars to immigration. She has handled a number of immigration benefit applications and this makes her qualified as well. As documented by letters of reference from individuals such as Samantha Sams, BIA Fully Accredited Representative, Overthere Immigration Services Agency, Elsewhere, [or Joe Smith, an immigration attorney] De Tal has experience in immigration law, including the I-130 Alien Relative Petition, the I-485 Adjustment of Status immigration benefit application, and the N-400 Naturalization Application. The IAC will offer immigration legal services related to its core mission of serving lowincome members of the immigrant community. These benefits will include the I-130, I- 485, and the N-400 naturalization application. IAC will also screen every client for other potential immigration benefit eligibility, e.g., asylum, VAWA cancellation of removal, acquired and derivative citizenship, etc. Referral of Complex and Court Cases IAC will accommodate those needing immigration court representation or other immigration legal services by referring them to Overthere Immigration Services Agency. This agency provides assistance with immigration court representation and other immigration benefit applications. Technical Support Arrangement IAC and De Tal will receive technical immigration law support from Overthere Immigration Services Agency BIA Fully Accredited Representative Samantha Sams [or Joe Smith, an immigration attorney]. Please see the attached letter documenting this arrangement with Sams [or Smith]. IAC Immigration Legal Services Funding and Expenses Funding: Source Amount Fund for Justice $25,000 United Way of Anytown $ 7,000 Agency Subsidy $10,000 Fees (projected) $ 3,000 Total $45,000 Expenses: Expense Amount De Tal Salary and benefits $30,000 16

19 Overhead/Allocated Costs $10,000 Training $ 5,000 Total $45,000 Immigration Legal Services Caseload Currently, IAC has no immigration legal services caseload. Above there is a description of the work we will be authorized to perform once your Board is kind enough to allow us to help eligible clients to navigate the immigration legal system by granting us recognition. We will begin to take on a case load once we have agency site recognition and agency staff accreditation. [or IAC s caseload consists of family-based immigration and naturalization.] Thank you very much for your fair and rapid consideration of my request, on behalf of the IAC, for agency site recognition and agency staff partial accreditation. Sincerely, Katherine Jones, Executive Director Enclosures: EOIR-31 (April, 2009 Version including Proof of Service on the local District Director for USCIS and Local Chief Counsel for ICE) Evidence of Tax-Exempt Status IRS 501 (C) (3) By-Laws Articles of Incorporation Fee Schedule List of On-Site & Internet Immigration Law Library Resources List of Technical Support Organization(s) Organizational Chart Resume for Fulana Maria De Tal Copies of Certificates for Immigration Law Trainings Letter summarizing technical immigration legal support relationship and recommendation for Fulana Maria De Tal from Samantha Sams, BIA Fully Accredited Representative [or Joe Smith, Attorney] 17

20 SAMPLE B: Recognition and Accreditation Request Letter for Agency Providing Assistance to Survivors of Domestic Violence [Letterhead] February 5, 2010 Recognition and Accreditation Program Coordinator Executive Office for Immigration Review Board of Immigration Appeals Clerk s Office P.O. Box 8530 Falls Church, VA RE: REQUEST FOR RECOGNITION OF THE DOMESTIC VIOLENCE CENTER (DVC) OFFICE LOCATED AT 555 MAIN STREET, ANYTOWN, IOWA REQUEST FOR PARTIAL ACCREDITATION OF DVC EMPLOYEE FULANA MARIA DE TAL (DE TAL) Dear Recognition and Accrediation Program Coordinator: I ask the Board of Immigration Appeals (BIA) to please grant recognition to the office mentioned above under 8 Code of Federal Regulations (CFR), Section (a). Please also grant Fulana Maria De Tal (De Tal) agency staff accreditation pursuant to 8 CFR, Section (d). DVC provides a number of domestic violence treatment and prevention services in the city of Anytown. With this application DVC seeks to begin providing immigration legal services to immigrant survivors of domestic violence as the need is so much greater than the existing resource. Our agency has sufficient knowledge and experience with immigration and naturalization law to merit your grant of recognition. De Tal has sufficient knowledge and experience with immigration and naturalization law, is of the highest moral character and merits partial accreditation. Fees Our agency is recognized by the Internal Revenue Service as a nonprofit charitable organization. We do not charge clients fees for immigration legal services and have no membership dues. Type of Immigration Services Offered 18

21 The DVC has at its disposal adequate knowledge, information, and experience in immigration law and procedure, as required by 8 CFR (b). This agency has fulfilled that requirement through its staff member s attendance at three trainings dealing with the immigration provisions of the Violence Against Women Act (VAWA) and one that gave an overview of immigration law including the range of immigration benefits available and the bars to immigration. She has handled a number of immigration benefit applications and this makes her qualified as well. As documented by letters of reference from individuals such as Samantha Sams, BIA Fully Accredited Representative, Overthere Immigration Services Agency, Elsewhere, [or Joe Smith, an immigration attorney] De Tal has experience in immigration law, including including the I-360 Self Petitions for battered immigrants, the I-485 Adjustment of Status immigration benefit application, and the N-400 Naturalization Application. The DVC will offer immigration legal services related to its core mission of serving survivors of domestic violence. These include the I-360 special immigrant battered petition, I-485 adjustment of status, the I-918 petition for U non-immigrant status, other immigration benefits appropriate and incidental to survivors of domestic violence and any other immigration benefit that will assist the survivor with independently obtaining status, e.g., N-400 naturalization application. DVC will also screen every client for other potential immigration benefit eligibility, e.g., asylum, VAWA cancellation of removal, acquired and derivative citizenship, etc. Referral of Complex and Court Cases DVC will accommodate those needing immigration court representation or other immigration legal services by referring them to Overthere Immigration Services Agency. This agency provides assistance with immigration court representation and other immigration benefit applications. DVC and De Tal will receive technical immigration law support from Overthere Immigration Services Agency BIA Fully Accredited Representative Samantha Sams [or Joe Smith, an immigration attorney]. Please see the attached letter documenting this arrangement with Sams [or Smith]. DVC Immigration Legal Services Funding and Expenses Funding: Source Amount Fund for Justice $25,000 United Way of Anytown $ 7,000 Agency Subsidy $10,000 Total $42,000 Expenses: De Tal Salary and Benefits $30,000 Overhead/Allocated Costs $10,000 19

22 Training $ 5,000 Total $45,000 Immigration Legal Services Caseload Currently, DVC has no immigration legal services caseload [or.see end of paragraph if your agency has an active caseload]. Above there is a description of the work we will be authorized to perform once your Board is kind enough to allow us to help battered women navigate the immigration legal system by granting us recognition. We will begin to take on a case load once we have agency site recognition and agency staff accreditation [or.dvc s caseload consists of family-based immigration and naturalization.]. Thank you very much for your fair and rapid consideration of my request, on behalf of the Domestic Violence Center, for agency site recognition and agency staff partial accreditation. Sincerely, Katherine Jones, Executive Director Enclosures: EOIR-31 (April, 2009 Version including Proof of Service on the local District Director for USCIS and local Chief Counsel for ICE) Evidence of Tax-Exempt Status IRS 501 (C) (3) By-Laws Articles of Incorporation Fee Schedule List of On-Site & Internet Immigration Law Library Resources List of Technical Support Organization(s) Organizational Chart Resume for Fulana Maria De Tal Copies of Certificates for Immigration Law Trainings Letter summarizing technical immigration legal support relationship and recommendation for Fulana Maria De Tal from Samantha Sams, BIA Fully Accredited Representative [or Joe Smith, Attorney] 20

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25 SAMPLE CERTIFICATES OF SERVICE WHEN APPLYING FOR ACCREDITATION ONLY CERTIFICATE OF SERVICE I, [Name of Person Mailing], hereby certify that on this [date] day of [month], [year], I mailed by U.S. mail a copy of the Application for Accreditation of Representative to the District Director for CIS at: [add address of CIS District Office] By: [signature] [Name of Person Mailing] 23

26 CERTIFICATE OF SERVICE I, [Name of Person Mailing], hereby certify that on this [date] day of [month], [year], I mailed by U.S. mail a copy of the Application for Accreditation of Representative to the local Chief Counsel for Immigration and Customs Enforcement (ICE) at: [add address of ICE Chief Counsel Office] By: [signature] [Name of Person Mailing] 24

27 Fee schedule valid as of August 1, 2006 SAMPLE FEE SCHEDULE FOR INTERNAL OFFICE USE ONLY: World Relief Kalamazoo [This fee schedule is a sample only and we cannot represent whether it would be approved for your application or is appropriate for your area.] Case Type: W.R. Rep: Client s Full Name: Today s Date: Address: Home Phone: ( ) Description of Services Qnt. $ Due Description of Services Qnt. $ Due General Consultation ($40 per 30 minutes) I-824: Request for Duplicate of Approval Notice ($100 each) G-639: F.O.I.A. Request & Analysis ($100 each; $ 50 first, $ 50 after analysis) I-864: Just Affidavit of Support ($ 100 each) I-90: Renew/Replace Green Card ($50 each) I-102: Replace I-94 Card ($75 each) I-129: Non-Immigrant Religious Visa (R-1) ($400 each) I-129F: Fiancé(e) Petition ($250 each) I-130: Alien Relative Petition ($150 each non-spouse) I-130: Whole Spouse Petition ($250 each) I-131: Travel Document ($ 60 each) I-134: Affidavit of Support for Visit ($ 50) I-360: Petitions for Religious Worker ($500 each) I-539: Extend/Change Status ($120 each V visa, otherwise $ 70) I-730: Refugee Relative Petition ($75/1 st, $75/2 nd, $30 e/addtl.) I-751: Removal of Conditions on Residence ($150 each) I-765: Employment Auth. ($40 each) Whole Consular Process ($ 350 inc. affidavit of support; I-130 not included) N-400: Adult Citizenship ($ 100 each) N-600: Certificate of Citizenship ( $ 100 each) N-565 Replacement of Naturalization Certificate ( $ 100) Whole 245 (a) Adjustment of Status ($ 500 each inc. pictures) 245 (i) Adjustment of Status ($ 600 each inc. pictures) Affidavit/Correspondence ($35 each page) Photographs ($10 each) G-731N or AR-11: Address Change/ Lost Forms ($30 each) Translations ($30 each page) G-731N or Chicago Inquiry: Case Status / Inquiry Forms ($35 each) Technical Legal Assistance ($ 100 each request ) I-360 VAWA Sellf-Petition ($ 375) Refugee Adjust. / Green Card ($ 100/1 st, $70/2 nd, $ 50 e/addtl.) I-821: TPS ($200 each) Other (such as representation at CIS interview): Payable to World Relief: Total Due: $ Cash: ; Check Amount Paid: $ Balance: $ Services will not be denied for inability to pay full fee. Client Signature: 25

28 SAMPLE LIST OF IMMIGRATION LAW LIBRARY RESOURCES This is not a complete list of immigration references and resources. Depending on the immigration services your organization provides, seek specific resources by talking to experts in the field. At the minimum, it is recommended that your agency have the Immigration and Nationality Act and Title 8 of the Code of Federal Regulations as well as the online resources, which are readily available. In addition, it is highly recommended that your agency have an immigration resource purchase and update budget since immigration laws change constantly. Law Libraries The Immigration and Nationality Act (known as INA), latest edition Title 8 of the Code of Federal Regulations (known as 8 CFR), latest edition Executive Office of Immigration Review Virtual Law Library, Your local or state university libraries may provide public access to immigration law collection. To locate a library, visit Immigration Law Books via World Cat, helps identify immigration law books and locate libraries that carry them via zip code. On-Site Immigration Resources Kurzban s Immigration Law Sourcebook, available at CLINIC Survey of Immigration Laws Training Manual, available at Guide for Immigration Advocates published by Immigrant Legal Resource Center, available at CLINIC Manual, Preparing for Legalization, available at Immigration and Legalization Capacity-Building CLINIC Manual, Managing an Immigration Program, available at This manual describes best practices used by many of the country's most experienced nonprofit immigration programs and managers. The training curriculum covers program design, case selection criteria, case management systems, fee schedules, alternative funding sources, financial controls, marketing, staff training, BIA agency recognition and staff accreditation, and legal representation ethics. 26

29 American Fact Finder is the U.S. Census Bureau s on-line tool for demographic research that provides more current data on the U.S. population. It provides more up-to-date data through the American Community Survey, which is a sample population survey that is conducted annually. To access the online research tool, visit Pew Hispanic Center, is a nonpartisan "fact tank" in Washington, D.C. that provides information on the issues, attitudes and trends shaping America and the world in the areas of demography, immigration, identity, economics, labor, education, and remittances. It provides excellent and analytical statistics and data on the immigrant population. Grantmakers Concerned with Immigrants and Refugees, helps you learn about the giving trend toward immigration-related issues. GCIR serves as a forum for funders to connect immigrant issues to their funding priorities by providing research reports, online data, tools, resources, and analyses on immigration issues. GCIR does not provide grants, but does help you learn about funders interests. Foundation Center, maintains the most comprehensive database on U.S. grantmakers and their grants, provides training programs, and provides the latest giving trends. The Center has five regional library/learning centers and 340 Cooperating Collections across the country. Their resources, including the grant research database, are available for free at these locations. The cooperating collection locations are listed on their website. For easier accessibility, membership and/or purchase of the grant research database is available. National Council Nonprofit Associations, provides many tools and resources on the nonprofit sector and maintains a directory of state nonprofit associations, which provide technical assistance and document templates to help your agency stay in compliance with state laws. Naturalization and Immigrant Integration U.S. Citizenship and Naturalization Handbook, latest edition, by Daniel Levy and update editor Charles Roth, Thompson/West, available at Naturalization and U.S. Citizenship: The Essential Legal Guide, latest edition, Immigrant Legal Resource Center, available at CLINIC Handbook, Citizenship for Us, 5 th edition, available at CLINIC Guide, Strategies for Naturalizing the Most Vulnerable Applicants, available at CLINIC Online Naturalization Workshop Toolkit, CLINIC Report, A More Perfect Union: A National Citizenship Plan, 27

30 Violence Against Women Act (VAWA) VAWA: Immigration Relief for Abused Immigrants by CLINIC and Immigrant Legal Resource Center, available at Advocacy to Improve Services for Battered Immigrant Women Living in Rural Communities by Legal Momentum, available at CLINIC-LAFLA-MRS Trafficking Legal Guide, available at Family-Based Immigration Family-Based Immigration Manual: A Practitioners Guide by CLINIC, available at Department of State Visa Bulletin provides a summary on the availability of immigrant visas by preference categories and regions on a monthly basis. To access, click Immigration and Crimes Immigration and Crimes from the Immigration Advocates Network library, Relief From Removal by CLINIC, available at Detention Watch Network, is national coalition of organizations and individuals working to educate the public and policy makers about the U.S. immigration detention and deportation system and to promote humane treatment of detainees. DWN creates useful and timely resources for members and the community, including the Real Deal Fact Sheet on Detention, the Detention Map, the DWN website, and the Raids Response Toolkit. It also coordinates meetings and trainings to raise awareness and involvement around detention and deportation issues. Defending Immigrants Partnership, contains resources to defend noncitizens in criminal courts. Periodicals and Newsletters Interpreter Releases weekly publication provides current and accurate immigration analysis, including reproduction of key documents and memos. To subscribe, visit Bender s Immigration Bulletin biweekly publication provides legal analysis of new immigration laws and policies. To order, visit 28

31 Catholic Legal Immigration News, CLINIC s monthly newsletter, provides immigration law updates, news from the Catholic network, a training schedule, and information on immigration advocacy efforts. The newsletter is available at Online Resources and List Serves Immigration Advocates Network (IAN), is a one stop resource center for charitable legal immigration providers. This free national online network carries a web-based library; podcast, webinar, and video trainings; calendar of training dates; news alerts; and an online directory of members. It also provides a list of suggested listserves, which we have also listed below. American Civil Liberties Union Immigrants' Rights Project operates a listserv for detention practitioners. To subscribe, please your name and address, your employer and your employer's contact information, and a one-sentence statement confirming that you do not work for the government to detentionlistserv@aclu.org. American Immigration Council s Immigration Policy Center provides policy reports and updates on immigration and immigrants in America. To access, visit ASISTA hosts two listservs, VAWA Updates and VAWA Experts. VAWA Updates provides the latest guidance, policy, and advocacy developments on VAWA laws, including legislation, U visas, trafficking, and related issues. VAWA Experts is a discussion listserv for people with significant expertise in immigration law and a high VAWA case load. To apply, send an to questions@asistaonline.org. Bender s Immigration Bulletin (Daily Edition) provides daily news, case law and policy updates, and analysis from To subscribe, visit (the subscription box is on the right side of the page). Brennan Center for Justice hosts the Legal Services E-lert, offering news and opinion pieces about free and low-cost civil legal aid. Legal issues that affect low-income individuals and families, including immigrants, are frequently covered. To subscribe, visit (scroll down to the bottom of the page). CLINIC s listserv provides news articles and announcements on immigration law. To subscribe, visit Detention Watch Network s listserv connects detention advocates from across the country. The listserv is a great way to stay updated on the latest news on detention and deportation issues. To subscribe, visit (This listserv is not open to the media or government employees.) 29

32 Grantmakers Concerned with Immigrants and Refugees (GCIR): GCIR s E-newsletters keep funders and nonprofits up-to-date on the most recent resources available on a myriad of immigrant-related topics. Resources include links to recent articles, newspaper columns, major reports, books, recorded programs, conferences, and trainings. To subscribe, visit ILW.com: The Immigration Daily and Immigrant s Weekly listservs provide news, updates and editorials for immigration advocates by immigration law publisher ILW.com ( To subscribe to the Immigration Daily, visit To subscribe to the Immigrant s Weekly, visit Immigrant Legal Resource Center (ILRC) hosts several free distribution lists as a service to nonprofit agencies, private attorneys and other legal service providers. Current lists include: Education (ILRC training news), Family Immigration, NACARA, Special Immigrant Juvenile Status, Activists, and DREAM Act. You can subscribe online at: Migration News is published by Migration Dialogue at UC Davis and reports on important migration developments world-wide. To subscribe, visit National Immigration Law Center (NILC) publishes the Immigrants' Rights Update, which provides news and resources on a number of immigration issues including employment, public benefits, and detention. To subscribe, visit The National Immigration Project of the National Lawyers Guild hosts several listservs for its members, including a general immigration listserv and lists that focus specifically on immigration and crimes, HIV, and gangs. To become a member, visit Siskind's Immigration Bulletin is published by Greg Siskind, partner at the Immigration Law Offices of Siskind, Susser, Haas & Devine, Attorneys at Law ( To subscribe to the bulletin, visit U.S. Citizenship and Immigration Services (USCIS), is the official Department of Homeland Security site with the Immigration and Nationality Act, 8 Code of Federal Regulations, all immigration-related forms, and memos and updates from the government. USCIS provides e- mail updates regarding policy changes or new guidelines. To subscribe, visit Technical Support Organizations & Resources Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center, 30